City of Cebu vs Dedamo determined by a court of competent jurisdiction, or
when an opportunity for such trial has been given, the Facts: judgment of the court, as long as it remains unreversed, should be conclusive upon the parties and those in The City of Cebu (COC) exercised its power of eminent privity with them. Stated differently, conclusiveness of domain over the land of Spouses Dedamo. The COC judgment bars the re-litigation in a second case of a fact immediately took possession of the subject property or question already settled in a previous case. after depositing an amount of 51,000.00. During the pendency of the case in the CA, COC and Dedamo The adjudication in G.R. No. 172942 has become binding and conclusive on the petitioner who can no spouses entered to a compromise agreement for the longer question the respondents entitlement to the just compensation which was approved by the RTC. 12% legal interest awarded by the CA. When the decision became final and executor, a motion for the issuanc of a writ of execution was filed by the The Courts determination in G.R. No. 172942 on the Spouses Dedamo, RTC granted the Motion. reckoning point of the 12% legal interest is likewise binding on the petitioner who cannot re-litigate the said In the meantime, Dedamo spouses passed away and matter anew through the present recourse. they were substituted by their heirs. Thereafter, Dedamo Heirs, filed a manifestation and Motion before Thus, the judgment in G.R. No. 172942 bars the present the RTC to order to pay interest on the just case as the relief sought in the latter is inextricably related to the ruling in the former. compensation computed from the time of the actual taking of the lands. RTC denied the motion and rules WHEREFORE, premises considered, the Petition is that it can no longer amend a final and executor hereby DENIED. judgment that did not specifically direct payment of legal interest on the unpaid balance from the taking and from the time the decision has been final and executory.
Dedamo appealed to CA (GR No. 142791) and it partially
granted the petition, it held that the COC shall pay 12% per annum legal interest to Dedamo from the the time the decision became final and executory.
COC filed a petition for review in certiorari before the
SC, COC prays for the annulment if award of 12% legal interest made by the CA in the GR No. 142791.
Issue: W/N COC may have the award be annulled in the
GR No. 142791.
Held: No.
The petition is denied on the ground of res judicata in
the mode of conclusiveness of judgment.
A perusal of the allegations in the present case
evidently shows that the petitioner broaches the issues similarly raised and already resolved in G.R. No. 172942.
Under the principle of conclusiveness of judgment,
when a right or fact has been judicially tried and